Page:Ruffhead - The Statutes at Large, 1763.djvu/51

CAP. XIV.
How Men of all Sorts shall be amerced, and by whom.

^{[1] [2] [3] [4] [5] [6] [7] [8] [9] [10] [11] [12] [13]} A Free-man shall not be amerced for a small fault, but after the manner of the fault; and for a great fault after the greatness thereof, saving to him his contenement; (2) and a Merchant likewise, saving to him his merchandise; (3) and any other's villain than ours shall be likewise amerced, saving his wainage, if he fall into our mercy. (4) And none of the said amerciaments shall be assessed, but by the oath of honest and lawful men of the vicinage, (5) Earls and Barons shall not be amerced but by their Peers, and after the manner of their offence. (6) No man of the Church shall be amerced after the quantity of his spiritual Benefice, but after his Lay-tenement, and after the quantity of his offence.

Confirmed by 3 Ed. 1. c. 6.

See 34 Ed. 3. c. 1. ordaining, that Fines for Tresspasses shall be reasonable; and 1 W & M. Sess. 2. c. 2. §. 11. declaring excessive Fines and cruel Punishments to be illegal. And likewise Grants of Fines before Conviction.

1. Mirror. 312.
2. Regist. 184, 187.
3. 1 Roll 74, 446.
4. Br. Amercemen. 2, 25, 32, 33, 53, 65.
5. 10 H. 6. fo. 7.
6. 7 H. 6. fo. 13.
7. 19 Ed. 4. fo. 9.
8. 2 Bulstr. 140.
9. 3 Bulstr 279.
10. Mirror 312.
11. 21 Ed. 4. fo 77.
12. 8 Co. 38, 59
13. 2 Inst. 27.

CAP. XV.
Making of Bridges and Banks.

^[1] No Town nor Freeman shall be distrained ^[3]to make Bridges nor Banks, but such as of old time and of right have been accustomed to make them in the time of King Henry our Grandfather.

1. 2 Inst. 29.
2. Q. It may A Matter of Doubt, whether this marginal Alteration is proper to be adopted: The Original appears to speak of Banks as well at Bridges; and if, instead ad Riparias we read aut Riparias, as it is printed in 2 Inst. the Passage will be perfectly intelligible, and the old translation just, It is true, in some Statutes, the word Ripariæ as Lord Coke explains it, signifes the Water or River running between the Banks, and there Mr Cay's Alteration appears to be very proper. But here as his Lordship observes, it seems to be synonymous with Ripas, and in this Sense likewise it seems to be taken by the Author of the Mirroirs des Justices. Besides, the Phrase of making Bridges at Rivers, may perhaps be deemed a Redundancy of Expression.
3. To make Bridges at Rivers.^[2]

CAP. XVI.
Defending of Banks.

^[1] No ^[2]Banks shall be defended from henceforth, but such as were in defence in the time of King Henry our Grandfather, by the same places, and the same bounds, as they were wont to be in his time.

1. 2 Inst 30.
2. Rivers. See the Note to the foregoing Chapter and Lord Coke's Exposition of this chapter, P. 30(illegible text)

CAP. XVII.
Holding Pleas of the Crown.

^[1] No Sheriff, Constable, Escheator, Coroner, nor any other our Bailiffs, shall hold Pleas of our Crown.^[2]

1. 2 Inst. 30
2. Mirror 313.

CAP. XVII.
The King's Debtor dying, the King shall be first paid.

^{[1] [2] [3] [4] [5] [6]}

If any that holdeth of us Lay-fee do die, and our Sheriff or Bailiff do shew our Letters Patents of of our summon for Debt, which the dead man did owe to us; it shall be lawful to our Sheriff or Bailiff to attach and inroll all the goods and chattles of the dead, being found in the said ⟨Lay⟩^[7] fee, to the Value of the same debt, by the sight ⟨and testimony⟩,^[8] of lawful men, so that nothing thereof shall be taken away, until we be clearly paid off the debt; (2) and the residue shall remain to the Executors to perform the testament of the dead; (3) and if nothing be owing

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1. Raft. Ent. f. 54. (illegible text)
2. Co. Ent. f. 564.
3. Fitz. Detinue. 52, 56, 58, 60.
4. Bro. Ration. 2, 5, 6.
5. 2 Inst. 32
6. Supra Chap 8.
7. Add Lay.
8. Not in original.